PETITION TO MODIFY CHILD SUPPORT

(Oklahoma – 43 Okla. Stat. §§ 112, 118I & 119)

[// GUIDANCE: This is a master template. Replace every bracketed placeholder and delete guidance notes before filing.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Caption

IN THE DISTRICT COURT IN AND FOR [COUNTY NAME] COUNTY
STATE OF OKLAHOMA

In re the Marriage/Parentage of )
)
[PETITIONER FULL NAME], )
Petitioner, )
and ) Case No. [___]
[RESPONDENT FULL NAME], )
Respondent. )
_______ )

2. Title
   PETITION TO MODIFY CHILD SUPPORT

3. Parties Identification
   a. Petitioner: [Petitioner Full Name], formerly known as [Alias, if any], an individual residing at [Address].
   b. Respondent: [Respondent Full Name], an individual residing at [Address].

4. Jurisdiction & Venue
   This Court retains continuing, exclusive jurisdiction over the parties and the subject matter pursuant to 43 Okla. Stat. § 112.

5. Effective Date
   This Petition is deemed filed on the date reflected in the Clerk’s file-stamp below.

II. DEFINITIONS

“Adjusted Gross Income” (“AGI”) – Each parent’s monthly gross income minus statutory deductions as set forth in 43 Okla. Stat. § 118B.
“Child(ren)” – The minor child(ren) of the parties, namely: [Full Name(s) & DOB(s)].
“Guidelines” – The Oklahoma Child Support Guidelines codified at 43 Okla. Stat. §§ 118–120.
“Income Assignment” – A wage garnishment order issued under 12 Okla. Stat. § 1171.3 or successor statute.
“Substantial Change in Circumstances” – Any change meeting the thresholds in 43 Okla. Stat. § 118I(B)(1)–(4), including a ≥20 % deviation in the calculated support amount.

III. OPERATIVE PROVISIONS

1. Prior Orders
   The last controlling child-support order was entered on [Date] (the “Existing Support Order”).

2. Grounds for Modification
   Petitioner alleges a Substantial Change in Circumstances, specifically:
   a. [Increase/Decrease] in Petitioner’s AGI from $[_] to $[];
   b. [Increase/Decrease] in Respondent’s AGI from $[_] to $[];
   c. Change in health-insurance availability/costs;
   d. Change in custody/parenting-time schedule; and/or
   e. Other: [Describe].
   Collectively, these facts trigger modification under 43 Okla. Stat. § 118I.

3. Proposed Support Calculation
   a. Combined AGI: $[_] per month.
   b. Guideline Base Obligation (per Schedule): $[_].
   c. Pro rata shares: Petitioner []% | Respondent []%.
   d. Adjusted for health insurance, child-care, and other allowable credits, the presumptive support owed by [Obligor] is $[____] per month effective [Proposed Effective Date].

4. Relief Requested
   Petitioner respectfully requests that the Court:
   i. Vacate the Existing Support Order;
   ii. Enter a Modified Child Support Order consistent with the Guidelines calculation herein;
   iii. Issue an immediate Income Assignment;
   iv. Award statutory interest on any arrearage; and
   v. Grant such other and further relief as equity may require.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy of Financial Disclosure
   Each party represents that the financial information provided or to be provided on Oklahoma Child Support Computation forms is complete, true, and correct to the best of that party’s knowledge.

2. No Other Pending Actions
   The parties warrant there are no other pending proceedings that would conflict with or render moot the relief sought.

3. Child’s Residence
   The Child(ren) have resided in Oklahoma for at least six (6) consecutive months immediately preceding the filing of this Petition.

[// GUIDANCE: Add any residency or UCCJEA details if interstate issues exist.]

V. COVENANTS & RESTRICTIONS

1. Exchange of Updated Financial Documents
   Each party shall provide to the other (and, upon request, to the Court or Child Support Services) updated tax returns, W-2s, 1099s, and three (3) months of pay-stubs annually on or before [Date] until the last child emancipates.

2. Change-of-Status Notice
   A party experiencing a change in employment, income, or health-insurance coverage exceeding 10 % shall give written notice to the other party within ten (10) days.

3. Restricted Filings
   Neither party shall file successive modification requests absent a material change as defined in 43 Okla. Stat. § 118I(B).

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to pay support as ordered;
   b. Failure to maintain health-insurance coverage;
   c. Failure to comply with the Income Assignment; or
   d. Failure to comply with Section V covenants.

2. Remedies
   Upon default, the Court may:
   i. Increase the Income Assignment to include arrearage liquidation;
   ii. Enter judgment for the arrearage plus statutory interest;
   iii. Award attorney fees and costs under 43 Okla. Stat. § 110;
   iv. Impose contempt sanctions; and
   v. Such other relief as permitted by law.

3. Cure Period
   Unless immediate enforcement is mandated by statute, the defaulting party shall have seven (7) days after written notice to cure monetary defaults and thirty (30) days to cure non-monetary defaults.

VII. RISK ALLOCATION

1. Limitation of Liability
   Each party’s financial obligation is capped at the percentage of AGI determined by the Guidelines absent a written, court-approved deviation.

2. Force Majeure
   A party temporarily unable to earn income due to verified catastrophic illness, military deployment, or involuntary job loss may seek temporary abatement but must file a motion within fourteen (14) days of the event.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This matter is governed exclusively by Oklahoma family law, including 43 Okla. Stat. §§ 112, 118–120.

2. Forum Selection
   Exclusive venue lies in the District Court of [County Name] County, Oklahoma, Family Division.

3. Arbitration
   Not available for child-support issues under Oklahoma law.

4. Jury Waiver
   Not applicable; child-support matters are tried to the Court.

5. Injunctive Relief
   The Court retains authority to issue or modify an Income Assignment and any other equitable relief necessary to enforce child-support obligations.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No waiver or amendment of any provision herein is effective unless in writing and approved by the Court.

2. Assignment
   Child-support rights are statutory and not assignable except to the Oklahoma Department of Human Services when required by law.

3. Severability
   If any provision is adjudged unenforceable, the remainder shall remain in full force, and the Court may reform the provision to approximate the parties’ intent within statutory limits.

4. Integration
   Upon entry of the Modified Child Support Order, all inconsistent prior oral or written agreements are merged and superseded.

5. Electronic Signatures
   Consistent with the Oklahoma Uniform Electronic Transactions Act, electronic signatures on disclosures and agreed orders are binding when accepted by the Court.

X. EXECUTION BLOCK

[// GUIDANCE: Oklahoma pleadings require verification. Some counties also require notarization. Confirm local rules.]

1. Verification
   I, [Petitioner Full Name], certify under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct to the best of my knowledge.
   Date: _____

[PETITIONER NAME], Petitioner

2. Attorney Signature (if any)
   Respectfully submitted,

[ATTORNEY NAME] | OBA No. [____]
[Firm Name]
[Address] | [Phone] | [Email]
Counsel for Petitioner

3. Certificate of Service
   I certify that on ______, a true and correct copy of this Petition was served [method] on [Respondent/Respondent’s counsel].

[Name]

4. Notary Acknowledgment (if required)
   State of Oklahoma )
   County of ____ ) ss.

Subscribed and sworn before me on _ by ___.

Notary Public
My Commission Expires: ____